北美作业代写：The Anglo-American jury system

The
jury system of Anglo-American legal system has an important legal significance
and has a far-reaching influence on the judicial system. On the basis of
analyzing the historical evolution of the Anglo-American jury system, the
inherent value of the jury system is summarized and discussed so as to put
forward Suggestions to improve the people's jury system by referring to the
Anglo-American jury system.

"Without
understanding the history of the law, we cannot understand the present of the
law." That's a famous quote from holmes the elder. From the day of the
birth of justice, people are always seeking a more fair, just and just trial
method, reflecting the principle of judicial equality, thus acting as an
authoritative role recognized by the public to resolve social contradictions.
Therefore, western jury system came into being. Jury system in simple terms is
that: the country judicial organ for jury officer through absorb
non-professional judges and non-professional judges or jurors to participate in
the trials of criminal and civil cases of judicial system, it is the embodiment
of a modern democracy people to participate in a common manifestation of
judicial activities, is an effective form of prevention of judicial corruption,
let the jury and judge the separation of powers, is the effective way to
promote judicial democracy and justice. Jury system is an important
organizational form and institutional basis of Anglo-American litigation, which
reflects the characteristics of the Anglo-American litigation system and is one
of the most distinctive legal systems in the Anglo-American litigation system.
As early as the 6th century BC, Athens in ancient Greece and ancient Rome era
of people court is planted the seeds of jury system, is human to pursue
judicial democracy, justice and create a kind of legal system, is the strongest
vitality in the history, the oldest of the judicial system, is one of the world
has a long history in the history of the development of the legal system of the
judicial system.

Jury
system seems to be very simple on the surface, refers to the jury way to the
legal trial. However, it is still brilliant after nearly a thousand years of
development. It must have a profound connotation, which cannot be explained by
such a simple definition.

The
original meaning of the word was oath. Jury has not only the right of witness
but also the right to invoke the testimony of others and to hear the case. For
the general witness, the oath has the function of guaranteeing the truth of the
testimony, and for the juror, it has the significance of guaranteeing the
fairness and selflessness of the case, which are deeply and closely related to
the customs, national traditions, religious beliefs and so on in western
countries.

The
origin of jury system has always been controversial, but most scholars believe
that the present jury system is born in the land of Britain. Many traditional
historians insist that the jury system in Britain is originated from the
Germanic system in the middle ages through Germanic individual system. Heinrich
Brunner in 1872 in his masterpiece "the origin of the jury system"
for the first time pointed out that is not derived from the Germanic, jury
system and the ancient Greek and Roman also does not have the too big, but from
frank royal information inquiry system, and then some jurists through the duchy
of Normandy law sets cling to Normandy in 1066 before no frank royal
information inquiry system, so the more negative it bring the system to the UK,
believe that this is nonsense.

During
the establishment and development of the jury system in Britain, it was first
introduced into Britain as an administrative system, and then it was determined
as a judicial system after several generations of changes.

In
1164, Henry ii issued the clarrington charter, which stipulated that circuit
judges should find 12 local residents familiar with the case to serve as jurors
in major criminal and land cases. He also issued the clariington edict in 1166,
stipulating that the following cases must be charged by jurors: murder,
robbery, forgery, concealment, etc. In 1176, Henry ii issued the northampton
pardon, which included the crimes of suffering, arson and treason in the royal
court's jurisdiction. 1215 was an important year for the jury system. On June
15, 1215, a rebellion occurred in England. The rebels forced the king to sign
the magna carta. The magna carta provides for the method of jury indictment,
and it also says that no free man should be arrested, imprisoned, deprived of
permanent land rights or freedoms. The rules state that in the UK a jury is
charged and a jury is tried, a so-called separation of two juries or juries.
When the fourth Lateran religious conference was held in 1215 and Pope inouson
iii announced the abolition of the divine judgment law, it became natural that
the jury system should replace the divine judgment law. Of course, the jury
system to replace the divine judgment system encountered great resistance at
the beginning, but it was only after Henry iii and after that the jury system
was stabilized and accepted. By the time Edward I's jury system was recognized
and affirmed on paper, Edward iii required at least a dozen people who met the
standards of the jury to investigate the suspects and seal the documents. By
Edward iii, the prosecution jury was further perfected, and he required the
magistrates to ensure that the indictment had a toothed gap, and that both the
magistrates and the indicted jurors held one copy, to prevent the case from
being concealed. Edward iii in 1342, in order to prevent malicious prosecution
and revenge against imperial edicts must pass the jury prosecution or other
prosecution way to held the suspect, in 1368 through the common law rules no
through legal procedure shall not be forced to rejoin, by this time the jury system
and quite mature and perfect.

The
main value of western jury system to our country is that it has great reference
significance to our country jury system. The jury system has an irreplaceable
advancement. If China wants to achieve real judicial justice, judicial
democracy and judicial independence, it must implement the jury system. Only
the internship jury system can lead to the progress of China's justice and the
perfection of the law. However, China's jury system is known to be extremely
imperfect, accompanied without trial, with numerous scale disease. However,
jury system is an inevitable trend, and is the embodiment of civilization. The
value of jury system to Chinese judicature is embodied in the following
aspects:

Jury
system is beneficial to the establishment of judicial supervision system. It is
said in administrative law that rights always swell, and that any right, if
unchecked, will erode the very fabric of our democratic rights. So we insist on
the independence of judicature, and since we insist on the independence of
judicature, we must establish a whole set of system with it, so jury system
arises naturally.

Jury
system is conducive to the realization of judicial openness. Because jurors are
made up of the general public, they have removed the veil of judicial mystery
through the trial and judgment of cases.

Jury
system is conducive to the realization of judicial independence. In general,
the independence of judicature is seriously threatened due to the influence of
various factors in judicial operation. At this time, jury system plays a very
good role in protection.

Jury
system helps to make up for the lack of justice and make the judgment result
more objective and just. Since most of the jurors come from the civil society,
they have a better understanding of society and local customs and practices.